Policeman says he's fortunate to be alive

OREM — Phil Murphy doesn't like to use the word lucky.

"I'm fortunate," the Orem police officer says, "but I think there were guardian angels watching over me that day."

That day was two weeks ago — April 17— the day Murphy held a gun to a man's head, the day Murphy was shot.

"In that situation, there's such a fine line between having to take someone's life and not taking a life. It's such a quick decision," Murphy says. "I thought I might have to use deadly force that day. I held a gun to his head. And my life could've been taken."

It was a routine Sunday-night shift for Murphy and fellow officer Barry Nielson. Then, they got a call that would change Murphy's life: domestic violence in south Orem.

Murphy had handled dozens of domestic disputes over his 20 years in the Orem police department. Suspects, often drunk, regularly resisted arrest.

Murphy knew what he was in for.

Or so he thought.

When Murphy arrived at the duplex, 336 E. 1400 South, he took one look at the victim and knew he would have to make an arrest.

Twenty-year-old David Burns, cooperated — until Nielson tried to place handcuffs on him.

Before he knew it, Murphy was on top of Burns, trying to help Nielson pin him to the floor. Murphy heard a shot. Somehow Burns was able to get a finger into the holster of Nielson's gun and fire a round.

Murphy drew his gun, held it to Burns' head, and told him to drop the weapon. Burns complied.

But as the officers tried to place him in handcuffs, Burns again resisted. This time, he was able to rise to his feet and somehow take Murphy's gun from his holster.

As Murphy tried to wrestle Burns to the ground, he heard a muffled shot, and felt a burning sensation in his back. He knew he had been shot, for the first time in his career, but he felt no pain.

What he didn't know is that the bullet had ricocheted off his shoulder blade and lodged just a quarter inch from the base of his spine.

A third officer arrived and shot Burns twice with a Taser gun and helped place him in cuffs. Burns will appear today in Provo's 4th District Court for arraignment on five felony charges, including attempted aggravated murder.